A Guide to Starting the Process
Key takeaways
Sole Application – Only the applicant signs and serves the application on the respondent.
Joint Application – Both applicants sign; no need to serve documents.
Cost of Divorce – Standard fee is $1,100; reduced fees are available for eligible applicants.
Marriage Under 2 Years – Must file a counselling certificate and attend counselling.
After Filing for Divorce – Additional paperwork may be needed; each case is different.
Getting a divorce can feel complex and overwhelming. There are many laws to learn about and paperwork to sort out, and it’s easy to get bogged down in figuring out what to do. That’s why we’ve put together this crucial guide, including legal requirements, costs, and service procedures, on how to get a divorce in Australia.
Applying for divorce
The Federal Circuit and Family Court of Australia (FCFCOA) is the authority responsible for handling divorce applications, ensuring a fair and just process for all parties involved.
Whether you choose to prepare your own divorce application or seek legal assistance, the process begins with filing your application online using the Commonwealth Courts Portal form. You can opt for a sole application, where you apply individually, or a joint application, where both you and your partner apply together. The form’s Part A, Question 1, will guide you in making this decision.
Sole application
If you apply alone, you are the applicant, and your spouse is the respondent. In a sole application, only you need to sign the application. You will “serve” the application to the respondent or your partner. You need to serve your respondent (spouse) at least 28 days before the hearing if they are in Australia or 42 days if they are overseas.
You will be required to attend court if you have children under 18 years old, but court attendance will not be necessary if there are no children in the marriage.
In short:
- You apply for a divorce alone, without your partner.
- You must serve the application to the respondent (your spouse).
- If the respondent (your spouse) cannot be located, you may apply for substituted or dispensed service.
- If you have children under 18, you must attend court.
Joint application
In a joint application, the process is straightforward. Both of you are known as joint applicants. One person will fill out the joint application and give a copy to the other party to sign. Both of you will need to sign the application. What makes this application easier is that you do not need to serve documents to the other person in a joint application, making the process smoother.
Court attendance is not needed in a joint application, though it is required if you select to attend at question Q2(a) on the online form.
In short:
- Both spouses apply together as joint applicants.
- No need to serve documents to the other party.
- Court attendance is not required unless otherwise requested.
Are you eligible?
The next step in how to divorce in Australia is checking your eligibility. To be eligible to apply for divorce in Australia, at least one party must be an Australian citizen, a permanent resident, or
ordinarily residing in Australia for at least 12 months before filing.
You also have to have evidence that your marriage is irreparably broken down, with no likelihood of ever getting back together. In addition, you need to have been separated for at least 12 months and 1 day.
How do you prove separation?
Living Apart
If you and your spouse live in separate homes, you can show:
- A change of address (e.g., rental agreement or mortgage records).
- Utility bills or bank statements showing different residences.
- Messages or emails confirming that you have separated.
Still Living Together ("Separation Under One Roof")
Sometimes, couples separate but continue living in the same house. If this applies to you, the court may ask for extra proof, such as:
- Statements from friends or family confirming that you live separately within the home.
- Evidence that you no longer share a bedroom or social activities.
- Proof that your finances are separate (e.g., different bank accounts or no shared expenses).
- A written affidavit (sworn statement) explaining the situation.
Other Supporting Evidence
- Written communication (texts, emails, or letters) that show you have separated.
- A statutory declaration confirming the separation date.
- Government records (e.g., Centrelink or tax documents) reflecting a change in marital status.
If your spouse disputes the date of separation, you may need additional proof, such as witness statements or financial records.
Required Documents
One other thing you’ll need to get divorced is your marriage certificate. If you need to get a copy, you can get it from the Registry of Births, Deaths, and Marriages in the state or territory of Australia where you got married. If you have a marriage certificate from overseas, this may need to be translated. You’ll then need to attach the translation and a copy of the original to an Affidavit of Translation of Marriage Certificate.
If you can’t get a marriage certificate from overseas, or after reasonable attempts, you’ll need to provide an affidavit explaining why you can’t provide the certificate.
One important thing to ensure is that the names you supply in question 13 of the form are the same as the ones on your marriage certificate. If not, you’ll need to provide further evidence.
For more advice on other important things to consider when getting a divorce in Australia, we suggest that you also check out this guide.
The cost of getting a divorce
To get a divorce in Australia, you will need to pay a fee of $1,100, though some people, like students or those with concessions, are eligible for a reduced fee. You can also apply for the reduced fee through this form if paying the full fee will cause you financial hardship. Of course, if you submit a joint application, you must both qualify for the reduced fee.
What if we have children?
Divorce does not automatically determine child custody or financial support. Parenting arrangements must be made separately.
It’s important to know that divorce proceedings do not put your childcare or financial arrangements into place. Instead, if you have children under 18 years of age, you need to provide particulars of care arrangements like housing, schooling, contact with each parent, and financial support. You do this in Part F of the application form.
What if we've been married for less than 2 years?
If you and your spouse have been married for under 2 years, you’ll need to file a counselling certificate and attend counselling. You can arrange counselling through the Family Relationship Advice Line (FRAL), on 1800 050 321. You will need an affidavit if you can’t attend counselling with your partner for any reason.
Getting divorced can be a challenging time, both emotionally and financially. But if you would like financial support, consider a line of credit with a provider like JustFund to help cover the costs of your legal fees
What happens after filing for divorce?
When it comes to how to divorce in Australia, every divorce is different. In some situations, you may need extra paperwork or other factors may slow things down for you. You may need to file further affidavits, for example. You can do this online, either at Australia is the Commonwealth Courts Portal. If you are referring specifically to filing additional affidavits, you may do so online at the Family Court of Australia (FCFCOA) forms page.
If all documents are in order, the court grants a divorce order, finalising in one month and one day.
Service of application - serving on the other party
If you make a joint application for divorce with your spouse, you do not have to serve the other party. However, if you file as a sole applicant, you will need to serve the application for divorce on the other person. You cannot serve the documents yourself. Instead, you must arrange for someone over 18 years old to serve the documents or use a professional process server.
The options are:
- By hand (personal service) – A friend, family member, or process server personally hands the documents to your spouse.
- By post – If you believe your spouse will accept the documents, you can send them via registered post.
- By electronic means (email or social media) – If approved by the court, service may be done electronically.
Conclusion
Armed with this information, you should now have a better idea of how to start the divorce process in Australia. Remember, you’re not alone in this. If you want to know more about funding or need further assistance, contact us at JustFund. We’re here to help people access the funding they need to get the right legal advice to navigate this process, get a fair outcome and a better tomorrow
